Man claims he was too drunk to remember burglarizing Syracuse police official's home

Syracuse, NY - An Oneida County man accused of burglarizing the home of one of Syracuse's top police officials balked at a plea deal today, claiming he cannot remember the incident because of his intoxication.

Joseph Gelling, 25, of Pleasant Avenue, Sylvan Beach, is facing charges of first-degree burglary and second-degree criminal possession of a weapon in the break-in at the Strathmore area home of First Deputy Police Chief David Barrette.

David Barrett

The defense contends Gelling was heavily intoxicated during the incident in which Barrette's wife, Patty, confronted an intruder after hearing someone banging around in a spare bedroom about 7 a.m. Sept. 12.

Gelling and an accomplice were caught driving away. Authorities said a sawed-off .22-caliber rifle was recovered with Gelling's arrest but had not been displayed during the actual break-in.

Gelling was in court to report on whether he wanted to accept a plea deal.

State Supreme Court Justice John Brunetti said the proposed deal from the court would require Gelling to plead guilty to first-degree burglary and second-degree criminal possession of a weapon and be sentenced to serve 12 years in state prison.

Assistant District Attorney James Daley said the prosecution had not agreed to the 12-year sentence being offered by the judge.

Gelling then balked at the 12-year penalty.

"I can't rightfully admit this. I don't remember it," he said. Brunetti then said he was willing to take a plea in which Gelling did not have to admit to remembering anything but would admit the prosecution had a strong case.

Although the judge said today was to have been the last day for Gelling to consider the plea deal, Brunetti adjourned the case to Wednesday to give the defendant and defense lawyer Nikki Platenik two more days to talk.

If Gelling rejects the plea deal from the judge, his case is scheduled to go to trial April 23.